Criminal Penalties

(a)Any physician, nurse, or other licensed healthcare provider who intentionally with premeditation, or intentionally, or knowingly, or recklessly, or by criminal negligence fails to provide reasonable and medically-appropriate and reasonable care and treatment to an infant in the course of an abortion shall be guilty of a criminal homicide, as defined in Chapter 16 of Title 9, Guam Code Annotated, and may be punished in accordance with that Chapter. The mother will not be liable, criminally or civilly, for actions of a physician, nurse, or other licensed healthcare provider, in violation of this Act to which she did not give her consent.

(b)Any violation of § 91.04(h) of this Act concerning the research use of a born-alive infant is a felony of the first degree, and upon conviction may be punished in accordance with Article 2, Chapter 80 of Title 9, Guam Code Annotated.